By: Kyle Le Croy & Richard Whish KC (Norton Rose Fulbright)
The CMA has increasingly utilized its director disqualification powers in recent years to deter individuals from violating UK competition law. Directors can be disqualified for up to 15 years if they knew or should have known about their company’s involvement in an infringement. Kyle Le Croy and Richard Whish KC discuss this trend and the rise in related litigation.
Individuals can agree to a disqualification period with the CMA through undertakings, but the CMA is also increasingly seeking disqualification orders in the High Court when undertakings are not agreed upon. Some disqualified directors have sought permission to continue acting as a director or managing a company. In February 2024, the High Court notably rejected such a request from a director who had agreed to a seven-year disqualification for their role in construction bid-rigging.
So far, disqualified directors tend to come from smaller companies. However, directors of larger companies face greater risks now that the CMA is investigating major antitrust cases in the UK post-Brexit, a role previously handled by the European Commission, which lacks disqualification powers…
Featured News
Nvidia and Microsoft Sued for Allegedly Undercutting AI Technology Patent Prices
Sep 5, 2024 by
CPI
White & Case Strengthens Antitrust and M&A Practices with New Partner Additions
Sep 5, 2024 by
CPI
Federal Judge Dismisses Antitrust Lawyers’ Fee Demand Over JetBlue-Spirit Deal
Sep 5, 2024 by
CPI
Boston Landlords Named as US Sues RealPage Over Alleged Rent-Inflating Practices
Sep 5, 2024 by
CPI
Judge to Weigh Landmark NCAA Settlement Proposal in Antitrust Lawsuit
Sep 5, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Canada & Mexico
Sep 3, 2024 by
CPI
Competitive Convergence: Mexico’s 30-Year Quest for Antitrust Parity with its Northern Neighbor
Sep 3, 2024 by
CPI
Competition and Digital Markets in North America: A Comparative Study of Antitrust Investigations in Mexico and the United States
Sep 3, 2024 by
CPI
Recent Antitrust Development in Mexico: COFECE’s Preliminary Report on Amazon and Mercado Libre
Sep 3, 2024 by
CPI
The Cost of Making COFECE Disappear
Sep 3, 2024 by
CPI